Swingler, 35, was convicted August 18, 2008 of felony assault with intent to commit a sexual offense. On Tuesday, he was sentenced to spend two years in state prison. However, he had already served a total of 900 days behind bars.

“He has served his time,” said the judge. “So it doesn’t matter what I do.”

Swingler was ordered released and placed on parole for four years. He will report to San Diego parole office within 48 hours and will wear a GPS unit to help officials "know whether he’s in the dormitory system at SDSU" as the judge told him Tuesday.